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Divorce Proceedings – What you need to know
With an increase in couples getting divorced over the national lockdown period, knowing your rights and the processes involved is of the utmost importance. However, to ensure that couples are not getting divorced as a means of avoiding their creditors, South African...
What the FLISP? You can be a homeowner too!
There has been an increased interest in buying property in South Africa with the reduction of interest rates and the increase of bank approvals. Additionally, the Finance Linked Individual Subsidy Programme (FLISP) was introduced. Many South Africans saw this as an...
The Repudiation of Contracts
A contract is a document signed by two or more parties and gives rise to rights and duties. The terms and conditions stipulated within a contract, therefore, determine the parties’ obligations towards each other. Unfortunately, in some cases, the parties to a legally...
Post Nuptial Agreements – Mediation as a means to alter your Antenuptial Contract
Getting married is an exciting journey for any couple seeking to spend the rest of their lives together. However, not every marriage has a happy ending, and one needs to be prepared in the unfortunate event of a divorce, a spouse pre-deceasing the other or possible...
Think your Company is Conducting Disciplinary Enquiries in line with Legislation? Here is how you make sure!
In workplace discipline, employers bear the onus to ensure that the company acts procedurally fair and substantively fair towards its employees. The correct procedure should be followed in any disciplinary process, and it is essential for employees to know their...
Dealing with Disputes Amongst the Trustees of a Testamentary Trust
A matter involving a dispute amongst the trustees of a testamentary trust was recently heard in the Gauteng Division of the High Court. This was the matter between Rademeyer versus Jesseman and two others under case number: 2020/11552 (reportable). In summary,...
Unpacking Accountability Structures and Disciplinary Proceedings – Directors and Employees
25 October 2021at 11:00 Cost: Free Regulatory Framework Contracts versus Policies Dealing with Employee issues Dealing with poor performing Directors and issues involving Misconduct
Tax Season: What You Need to Know About the Third Party Process
With the tax season currently underway in South Africa, here’s all you need to know about the Third Party Appointment process and how it could affect you. In terms of the Tax Administration Act, the Commissioner is empowered to request that a third party pay off any...
Unpacking Repudiation In Contract
Contracting parties are often weary of certain risks which may apply to the contractual relationship they are entering into. Be that as it may, if we are truly honest, most contracting parties do not really want to focus on the potential failure of the agreement or...
The Entitlement of an Owner Evict – but only if it is Just and Equitable
Recently there has been a rise in immovable property disputes and more so regarding evictions. With the economic issues that have surfaced since the COVID 19 pandemic, more conflicts have arisen between tenants and landlords, occupiers and landowners. However, it is...
Restraint of trade: is this still enforceable in the current climate?
In the recent case of Bearings International v Veeradu, an unreported case from the Durban Labour Court, a matter was heard on 18 May 2021, and judgement delivered: 30 June 2021, the judge unpacked the enforceability of restraint trade in a Covid-19 economy. A...
The Role of the Information Officer under POPIA
https://www.schoemanlaw.co.za/the-role-of-the-information-officer-under-popia/With the POPIA frenzy of the last few months simmering down thanks to the extension by the Information Regulator for registering Information Officers and PAIA manuals alike, companies have been given more time to fully engage in discussions regarding what the new law...
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